Have you ever had an In-N-Out burger outside of the United States? Most likely not, since the California-based burger chain doesn't operate any restaurants beyond five Western US states.
But, if you've been around Sydney, Australia lately, you may have noticed a burger restaurant called "Down N’ Out" that In-N-Out Burgers claims is infringing on its trademark and misleading customers into believing it has given the chain its "endorsement, approval, license, authority or sponsorship," because of similarities in its name and logo, Fox News reports. The Down N' Out website features the phrase "American style burgers, done right."
Although In-N-Out claims it enjoys “substantial reputation and goodwill” in Australia, Hashtag argues that since In-N-Out doesn't operate in Australia it "therefore has no goodwill" in the country. Hashtag also points out that its own menu offers a wider variety of items, like chicken burgers and jalapeño poppers.